ANIMAL HAVEN OF HOPE SOCIETY, INC.
CONFLICT OF INTEREST POLICY
SECTION 1. PURPOSE:
Animal Haven of Hope Society, Inc. is a nonprofit, tax-exempt organization. Maintenance of its tax-exempt status is important both for its continued financial stability and for public support. Therefore, the IRS as well as state regulatory and tax officials view the operations of Animal Haven of Hope Society, Inc. as a public trust, which is subject to scrutiny by and accountable to such governmental authorities as well as to members of the public.
Consequently, there exists between Animal Haven of Hope Society, Inc. and its board, officers and management employees and the public a fiduciary duty, which carries with it a broad and unbending duty of loyalty and fidelity. The board, officers, and management employees have the responsibility of administering the affairs of Animal Haven of Hope Society, Inc. honestly and prudently, and of exercising their best care, skill, and judgment for the sole benefit of Animal Haven of Hope Society, Inc. Those persons shall exercise the utmost good faith in all transactions involved in their duties, and they shall not use their positions with Animal Haven of Hope Society, Inc. or knowledge gained there from for their personal benefit. The interests of the organization must be the first priority in all decisions and actions.
SECTION 2. PERSONS CONCERNED:
This statement is directed not only to directors and officers, but to all employees who can
influence the actions of Animal Haven of Hope Society, Inc. For example, this would include all who make purchasing decisions, all persons who might be described as "management personnel," and anyone who has proprietary information concerning Animal Haven of Hope Society, Inc.
SECTION 3. AREAS IN WHICH CONFLICTS MAY ARISE:
Conflicts of interest may arise in the relations of directors, officers, and management
employees with any of the following third parties:
1. Persons and firms supplying goods and services to Animal Haven of Hope Society, Inc.
2. Persons and firms from whom Animal Haven of Hope Society, Inc leases property and equipment.
3. Persons and firms with whom Animal Haven of Hope Society, Inc is dealing or planning to deal in connection with the gift, purchase or sale of real estate, securities, or other property.
4. Competing or affinity organizations.
5. Donors and others supporting Animal Haven of Hope Society, Inc.
6. Agencies, organizations and associations that affect the operations of
Animal Haven of Hope Society, Inc
7. Family members, friends, and other employees.
SECTION 4. NATURE OF CONFLICTING INTEREST:
A conflicting interest may be defined as an interest, direct or indirect, with any persons or firms mentioned in Section 3. Such an interest might arise through:
1. Owning stock or holding debt or other proprietary interests in any third party
dealing with Animal Haven of Hope Society, Inc.
2. Holding office, serving on the board, participating in management, or being
otherwise employed (or formerly employed) with any third party dealing with
Animal Haven of Hope Society, Inc.
3. Receiving remuneration for services with respect to individual transactions
involving Animal Haven of Hope Society, Inc.
4. Using Animal Haven of Hope Society, Inc’s time, personnel, equipment, supplies, or good will for other than Animal Haven of Hope Society, Inc approved activities, programs, and purposes.
5. Receiving personal gifts or loans from third parties dealing or competing with
Animal Haven of Hope Society, Inc. Receipt of any gift is disapproved except gifts of a value less than $50, which could not be refused without discourtesy. No personal gift of
money should ever be accepted.
SECTION 5. INTERPRETATION OF THIS STATEMENT OF POLICY:
The areas of conflicting interest listed in Section 3, and the relations in those areas which
may give rise to conflict, as listed in Section 4, are not exhaustive. Conflicts might arise in other areas or through other relations. It is assumed that the directors, officers, and management employees will recognize such areas and relation by analogy.
The fact that one of the interests described in Section 4 exists does not necessarily mean
that a conflict exists, or that the conflict, if it exists, is material enough to be of practical
importance, or if material, that upon full disclosure of all relevant facts and circumstances it is necessarily adverse to the interests of Animal Haven of Hope Society, Inc.
However, it is the policy of the Board of Directors that the existence of any of the interests described in Section 4 shall be disclosed before any transaction is consummated. It shall be the continuing responsibility of the board, officers, and management employees to scrutinize their transactions and outside business interests and relationships for potential conflicts and to immediately make such disclosures.
SECTION 6. DISCLOSURE POLICY AND PROCEDURE:
Transactions with parties with whom a conflicting interest exists may be undertaken only
if all of the following are observed:
1. The conflicting interest is fully and publicly disclosed;
2. The person with the conflict of interest is excluded from the discussion and approval of such transaction;
3. A competitive bid or comparable valuation exists; and
4. The board or a duly constituted committee thereof has determined that the
transaction is in the best interest of the organization.
5. Membership approval with a ¾ vote of all qualified voting members.
Disclosure in the organization should be made to the chief executive, who shall bring the matter to the attention of the Board of Directors. Disclosure involving directors should be made to the chief executive office, (or if she or he is the one with the conflict, then to the board vice-chair) who shall bring these matters to the Board of Directors. The Board of Directors shall determine whether a conflict exists and in the case of an existing conflict, whether the contemplated transaction may be authorized as just, fair, and reasonable to Animal Haven of Hope Society, Inc. The decision of the Board of Directors on these matters will rest in their sole discretion, and their concern must be the welfare of Animal Haven of Hope Society, Inc and the advancement of its purpose.
Animal Haven of Hope Society, Inc
CONFLICT OF INTEREST DISCLOSURE STATEMENT
Preliminary note: In order to be more comprehensive, this statement of disclosure/questionnaire also requires you to provide information with respect to certain parties that are related to you. These persons are termed “affiliated persons” and include the following:
a. your spouse, domestic partner, child, mother, father, brother or sister;
b. any corporation or organization of which you are a board member, an officer, a
partner, participate in management or are employed by, or are, directly or
indirectly, a debt holder or the beneficial owner of any class of equity securities;
and
c. any trust or other estate in which you have a substantial beneficial interest or as to
which you serve as a trustee or in a similar capacity.
1. NAME OF EMPLOYEE OR BOARD MEMBER: (Please print)
________________________________________________________________
2. CAPACITY:
______ Board of Directors - ____________(position)
______Committee Officer
______Committee Member
______Employee (position): ____________
3. Have you or any of your affiliated persons provided services or property to
Animal Haven of Hope Society, Inc. in the past year?
_____YES _____NO
If yes, please describe the nature of the services or property and if an affiliated person is
involved, the identity of the affiliated person and your relationship with that person:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
4. Have you or any of your affiliated persons purchased services or property from
Animal Have of Hope Society, Inc. in the past year?
_____YES _____NO
If yes, please describe the purchased services or property and if an affiliated person is involved, the identity of the affiliated person and your relationship with that person:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
5. Please indicate whether you or any of your affiliated persons had any direct or indirect
interest in any business transaction(s) in the past year to which Animal Haven of Hope Soceity, Inc. was or is a party?
_____YES _____NO
If yes, describe the transaction(s) and if an affiliated person is involved, the identity of the affiliated person and your relationship with that person:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
6. Were you or any of your affiliated persons indebted to pay money to Animal Haven of Hope Society, Inc. at any time in the past year?
_____YES _____NO
If yes, please describe the indebtedness and if an affiliated person is involved, the identity of the affiliated person and your relationship with that person:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
7. In the past year, did you or any of your affiliated persons receive, or become entitled to
receive, directly or indirectly, any personal benefits from Animal Haven of Hope Society, Inc. or as a result of your relationship with Animal Haven of Hope Society, Inc., that in the aggregate could be valued in excess of $1,000, that were not or will not be compensation directly related to your duties to Animal Haven of Hope Society, Inc.?
_____YES _____NO
If yes, please describe the benefit(s) and if an affiliated person is involved, the identity of the affiliated person and your relationship with that person:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
8. Are you or any of your affiliated persons a party to or have an interest in any pending
legal proceedings involving Animal Haven of Hope Society, Inc.?
_____YES _____NO
If yes, please describe the proceeding(s) and if an affiliated person is involved, the identity of the affiliated person and your relationship with that person:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
9. Are you aware of any other events, transactions, arrangements or other situations that
have occurred or may occur in the future that you believe should be examined by
Animal Haven of Hope Society, Inc’s Board of Directors in accordance with the terms and intent of Animal Haven of Hope Society, Inc’s conflict of interest policy?
_____YES _____NO
If yes, please describe the situation(s) and if an affiliated person is involved, the identity of the affiliated person and your relationship with that person:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I HERBY CONFIRM that I have read and understand Animal Haven of Hope Society’s conflict of interest policy and that my responses to the above questions are complete and correct to the best of my information and belief. I agree that if I become aware of any information that might indicate that this disclosure is inaccurate or that I have not complied with this policy, I will notify the Board of Directors of Animal Haven of Hopes Society, Inc. immediately and in writing.
___________________________________ __________________
Signature Date
Animal Haven of Hope Society, Inc.
ANIMAL HAVEN OF HOPE SOCIETY, Inc.
GIFT POLICY AND DISCLOSURE FORM
As part of its conflict of interest policy, Animal Haven of Hope Society, Inc. requires that directors, officers and employees decline to accept certain gifts, consideration or remuneration from individuals or companies that seek to do business with Animal Haven of Hope Society, Inc. or are a competitor of it. This policy and disclosure form is intended to implement that prohibition on gifts.
Section 1. “Responsible Person” is any person serving as an officer, employee or a
member of the board of directors of Animal Haven of Hope Society, Inc.
Section 2. “Family Member” is a spouse, domestic partner, parent, child or spouse of
a child, or a brother, sister, or spouse of a brother or sister, of a Responsible Person.
Section 3. “Contract or Transaction” is any agreement or relationship involving the
sale or purchase of goods, services or rights of any kind, receipt of a loan or grant, or the establishment of any other pecuniary relationship. The making of a gift to Animal Haven of Hope Society, Inc is not a “contract” or “transaction.”
Section 4. Prohibited gifts, gratuities and entertainment. Except as approved by the
President of the Board of Directors or his designee or for gifts of a value less than $50
which could not be refused without discourtesy, no Responsible Person or Family Member shall accept gifts, entertainment or other favors from any person or entity which:
1. Does or seeks to do business with Animal Haven of Hope Society, Inc. or,
2. Does or seeks to compete with Animal Haven of Hope Society, Inc. or,
3. Has received, is receiving, or is seeking to receive a contract or transaction with Animal Haven of Hope Society, Inc.
GIFT STATEMENT
I certify that I have read the above policy concerning gifts, and I agree that I will not accept gifts, entertainment or other favors from any individual or entity, which would be prohibited by the above policy. Following my initial statement, I agree to provide a signed statement at the end of each calendar year certifying that I have not received any such gifts, entertainment or other favors during the preceding year.
____________________________________ ___________________
Signature Date